If you or a loved one has suffered injuries from a slip and fall accident in Las Vegas, contact Jack Bernstein Injury Lawyers. Attorney Jack G. Bernstein has 40 years of experience representing victims and their families in a variety of premises liability accident cases. We will fight to get the maximum value for your claim and financial compensation for your injuries.
Las Vegas property owners and managers bear the responsibility of safeguarding individuals on their premises from potential hazards in order to ensure their safety and well-being. This concept forms the foundation of premises liability, as neglecting this duty can lead to numerous injuries suffered by millions of Americans each year. The consequences of such injuries can range from minor medical expenses to significant disruptions in one’s quality of life, and in extreme cases, even death.
Among the various types of accidents, slip and fall incidents can result in severe harm, necessitating costly long-term medical care, such as spinal cord or traumatic brain injuries. Consequently, it is crucial for slip and fall victims in Las Vegas to explore all available avenues for recourse under Nevada law, enabling them to obtain the compensation they require.
Las Vegas slip and fall lawyer Jack Bernstein, can help if you have injuries after a slip and fall accident due to an unsafe condition on a property. At Jack Bernstein Injury Lawyers, we are passionate about providing personalized and high-quality legal representation for all accident victims in Las Vegas, NV.
Premises Liability in Slip and Fall Cases: What You Need to Know
There are a number of ways you could potentially injure yourself at a store, restaurant, hotel, casino, or any other property in Las Vegas if those responsible for keeping it safe neglect their responsibility. That said, slip and fall accidents account for most of these cases. The following are just a few reasons you may be involved in such an accident:
Examples of Slip and Fall Accidents
There are various types of accidents that may qualify for compensation, including:
- Spills, such as water or other substances, that create slippery surfaces.
- Uneven sidewalks or flooring that pose a tripping hazard.
- Wet floors left from recent mopping or cleaning.
- Debris or objects left on the ground, obstructing walkways.
- Products or items left in a store’s walkway, causing potential tripping hazards.
- Overgrown branches crossing a walkway, increasing the risk of slips and falls.
- Broken or inadequate railings and guardrails that fail to provide necessary support.
- Poor building design or construction flaws that contribute to falls.
- Ripped or damaged carpeting that can cause individuals to trip.
- Insufficient lighting combined with a crowded space, increasing the chances of accidents.
- Furniture or displays clustered in an area, creating obstacles and potential tripping hazards.
Slip and fall accidents can occur on even surfaces or from elevated heights. Legal responsibility arises when property owners fail to take appropriate measures to maintain their premises in a safe condition.
What to Do After a Slip and Fall Accident
Winning a slip and fall case is much easier if you not only choose the right premises liability law firm in Las Vegas, NV, but also take the proper steps immediately after the incident. They include:
Documenting the Scene
If you’ve sustained serious injuries that require immediate medical attention, it’s important to address these first. Your health is your top priority. However, if you can justify documenting the scene first, you may want to do so, as property owners will often try to address a hazard after slip and fall accidents to weaken a victim’s case. Take pictures and video of the scene and your injuries.
File a Report
You need an official report of the incident to more effectively pursue compensation later. Thus, you should file such a report with property management right away.
Talk to Witnesses
Identify any witnesses and get their contact information. If you can, interview them at the scene as well, and ask if you can record these interviews. You want to get their statements when the incident is still fresh in their memories. You should also draft your own narrative of what happened as soon as possible.
Get Medical Attention
Unless your injuries are severe enough to require immediate medical care, you should seek out medical attention after documenting the scene, filing a report, and talking to witnesses. Keep in mind it’s important to see a doctor even if you don’t believe your injuries are very severe. What may appear to be a minor injury can develop into something much worse if left unaddressed. Additionally, medical records will typically be used as evidence in these types of cases.
Save Your Shoes
This may sound like an odd tip, but it’s actually quite important. The shoes you wore will be important evidence in your case. For example, if you continue wearing your shoes for a long time before the case starts moving forward, by the time they become evidence, they could be worn down to such a degree that a property owner might argue you slipped because you didn’t wear shoes with proper traction. As soon as possible, remove your shoes, store them safely in a bag, and don’t wear them again.
Keep in mind that establishing liability in these cases is often a complex process. This is one of the main reasons it helps to work with an experienced slip and fall attorney in Las Vegas. They understand what steps are necessary to determine who is at fault for your injuries, and to prove that your injuries were a direct result of their negligence. An attorney will also understand how to calculate the total damages you deserve.
If you try to work directly with an insurance company, you likely won’t get what you are owed. After all, insurance companies are prepared to defend themselves in these types of cases. It’s difficult to counter their defenses when you don’t have the proper legal experience.
What To Consider if You’ve Been Injured in a Slip and Fall Accident
Consulting with a qualified slip and fall lawyer in Las Vegas offers many benefits. Understanding whether you have a strong case is one of them. There are instances when a property owner may not actually be liable for your injuries. Factors to consider include the following:
Reasonable Steps
A property owner in Las Vegas must take reasonable action to protect those on their property from hazards. An example of this may involve a store owner putting up signs letting customers know when a floor is wet. Thus, if the property owner took the necessary action, but a customer injured themselves anyway because they ignored the signs, the property owner may not be liable.
Where the Accident Happened
Sometimes, the victim of a slip and fall accident sustains injuries in an area of a property that was clearly marked as off-limits. This is another instance in which finding a property owner liable could be difficult.
Timing
While it is a property owner’s responsibility to address hazards, it’s important to remember that they’re only human, and can’t necessarily address a hazard the exact moment it arises. For example, if you injured yourself because you tripped over an item the very moment it fell onto the floor, the property owner could reasonably argue that they didn’t have an opportunity to remove the hazard before the accident occurred.
The Nature of the Hazard
There are also cases when a property owner may not be liable if the injured party was involved in an accident because they ignored what should have been an obvious hazard (and may thus not have genuinely qualified as a hazard at all). For instance, in one case, a woman tried to sue a grocery store after tripping over a concrete wheel stop in the parking lot. However, the complaint was eventually dismissed because the defendants successfully argued that the wheel stop was too obvious to reasonably overlook, and it didn’t pose any inherent danger.
This isn’t to suggest you shouldn’t consider taking legal action after a slip and fall injury. On the contrary, it’s smart to work with an experienced personal injury lawyer in Las Vegas, in order to better determine if legal action is justified.
Working With a Slip and Fall Attorney in Las Vegas
If you have been injured in a slip and fall accident in Las Vegas, you may be responsible for costly medical bills, lost income if your injuries prevent you from working, and other damages that do not have a clear monetary value, such as pain and suffering.
You can seek compensation for those losses if the accident resulted from someone else’s negligence. Nevada’s premises liability laws require property owners to take reasonable steps to prevent hazards from causing accidents on their properties.
At Jack Bernstein Injury Lawyers, we can represent you in your slip and fall case, and pursue compensation on your behalf. We offer full-service legal representation and will advocate for you in court.
Slip and Fall Lawsuit FAQs
What Is a Slip and Fall Settlement?
A slip and fall settlement is an agreement for compensation to resolve a fall lawsuit. The parties agree on an amount that is fair to resolve the claim. Compensation may include economic and non-economic damages.
It’s up to you whether to accept a settlement for a slip and fall claim. However, if you don’t feel that the other party is offering you a fair amount, you may want to seek legal advice. The slip and fall lawyers at Jack Bernstein Injury Lawyer can give you honest advice about whether you should accept a settlement or continue to pursue your case.
How Long Do You Have To Report a Slip and Fall?
Under NRS 11.190, Nevada’s statute of limitations to bring a slip and fall lawsuit is two years from the date of the injury.
Insurance companies may try to stall your claim in the hope that you get frustrated, evidence gets destroyed, and witnesses forget what happened. You must formally start a lawsuit even if you’re already talking to the insurance company.
What Is the Average Payout for a Slip and Fall Accident?
The average payout for a slip and fall accident can vary. However, each case is handled individually under the law. Your injuries may be more or less serious than those in other cases. A person who has suffered $15,000 in damages is no less deserving of fair compensation than a person who has endured severe injuries. The law recognizes the suffering of each victim.
Our slip and fall attorneys in Las Vegas can help you understand the possible range of the value of your case. In addition, we can help you understand what steps to take to receive a fair amount of compensation that represents your total damages.
How Long Does It Take To Settle a Slip and Fall Case in Nevada?
The time it takes to settle a slip and fall case in Nevada can vary depending on various factors. It is important to understand that each case is unique, and the timeline can be influenced by different circumstances. Some of the key factors that can affect the duration of a slip and fall case in Nevada include:
The nature and extent of your injuries will play a significant role in the timeline. It takes time to assess your injuries, undergo necessary medical treatments, and determine the long-term impact on your health and well-being.
Liability and evidence: Establishing liability is crucial in a slip and fall case. It involves gathering evidence to demonstrate that the property owner or manager was negligent and responsible for your injuries. This process may require obtaining incident reports, witness statements, surveillance footage, and other relevant evidence, which can impact the duration of the case.
Negotiations and settlement discussions: After filing a claim, there is often a negotiation period where parties try to reach a settlement. This can involve multiple rounds of discussions and counteroffers, which may take time to finalize.
Court proceedings: If a settlement cannot be reached through negotiations, the case may proceed to litigation. This can involve additional time for court filings, discovery, pre-trial proceedings, and potentially a trial, further extending the overall duration of the case.
It is difficult to provide an exact timeframe for settling a slip and fall case in Nevada as it can vary greatly depending on the specific circumstances. It is always advisable to consult with an experienced personal injury attorney who can assess the details of your case and provide a more accurate estimation based on their knowledge of the Nevada legal system.
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If you or a loved one have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced personal injury lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Jack Bernstein Injury Lawyers is available to help you handle your accident claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.